BOARD00072

• Board Meeting Date: 11/25/2002
• Description: Report of the Attorney General
• Board Meetings - Doc Type: Memo

j'

e

"

KEN SALAZAR
Attorney General
CHRISTINE M. ARGUELLO
Chief Deputy Attorney General
ALAN J. GILBERT
Solicitor General

STATE OF COLORADO
DEPARTMENT OF LAW

STATE SERVICES BUILDING
1525 Sherman Street - 5th Floor
Denverr Colorado 80203
Phone [phone]
FAX [phone]

OFFICE OF THE ATTORNEY GENERAL

November 25, 2002

MEMORANDUM

TO: Colorado Water Conservation Board

FROM: Ken Salazar
Attorney General

RE:

Felicity Hannay
Deputy Attorney General

Report of the Attorney General! .

e

1. Forest Service Reserved Ri2hts Cases, Case Nos. 81-CW-220 et aI., Water Division 2;

We appear to be very close to agreement on a stipulation allowing the Forest Service to
withdraw the claims with prejudice, on conditions a,cceptable to the objectors.

2. Forest Service Reserved Ri2hts Cases, Case Nos. W-1146-73 et aI., Water Division 7.

The negotiating team met in Durango on Noyember 21st. Wendy Weiss will brief the Board
on the negotiation team meeting at the Board meeting. The Board members may wish to discuss
these cases with counsel in executive session.

3. Kansas v. Colorado, United States Supreme Court, No. 105, Ori2inal.

The trial before the Special Master on 1997-99 compact compliance, future compact
compliance, and the quantum of damages to be paid by Colorado for the period before 1997 is in
recess and will resume in Pasadena on December 9, 2002. We expect the trial to conclude on all
issues in December or January, Both states completed their briefing of the issues related to
damages and prejudgment interest in October. Based on different interpretations of the Supreme

e

I Text concerning previously reported matters will usually contain only information on recent developments rather
than repeating background information. Material to which we wish to call special attention appears in bold italics,
and any entirely new matters are specifically identified as [NEW].